This article compares the current laws of obscenity – both statutory and judge-made law – in England and Wales with the United States Supreme Court’s delineation of constitutionally permissible obscenity laws in the United ...

The urge to punish those who disseminate sexually explicit material is overwhelming. To illustrate, in the Sable Communications case, the Supreme Court was faced with a congressional statute forbidding the interstate ...

In the pages that follow, this essay argues that the Court should take the opportunity to travel the path not taken in Miller v. California and hold that there is no such thing as obscenity. Instead, all speech is protected. ...

This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. ...

In this article discussing the prospective, partially prospective, and retroactive application of new criminal procedure rules, Professor Arnold H. Loewy discusses the various constitutional implications of applying new ...

Casto, William R.(Second Circuit Committee on History and Comemorative Events, 1997)

Professor Casto, a leading scholar on the life and judgeship of Oliver Ellsworth, leads the reader through the life of Justice Ellsworth and highlights the role he played in the political and judicial history of the United States.

The year 1801 was a catastrophe for staunch Federalists. Thomas Jefferson became president, and a coalition opposed to the Federalists gained control of the Congress. In New England, Standing Order Calvinist ministers ...

The current U.S. Court of Appeals for the 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. Nearly 46 million people live within its ...

The time has come to look beyond mere tradition and to ask some pertinent questions, the answers to which logically suggest the desirability of an exclusive, uniform system of federal criminal justice in the United States. ...

Professor Spain discusses the challenges of providing civil legal assistance to rural America. Some of these include higher costs and funding restrictions on the types of representation allowable for public law organizations. ...

Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system - including ...

The purpose of this essay is to provide a glimpse of a world of admiralty litigation quite foreign to the late twentieth century experience. In this forgotten world there was a clear consensus on the need to create federal ...

Professor Casto responds to Professor Akil Amar’s two-tier theory of congressional control over federal jurisdiction with two alternative readings of Article II, Section 2. The first alternative reading turns on the ...

This article explores the liability of attorneys representing depository institutions. Part I of this article introduces the controversy over the proper role of bank counsel following the bank and thrift crisis. Part II ...

The U.S. Supreme Court’s opinions in Lawrence v. Texas and Goodridge v. Department of Public Health have sparked interest in amending the United States Constitution to address the issue of same-sex marriages. Whether a ...

This essay briefly outlines the Neutrality Crisis of 1793 with an emphasis on the specific issues that engendered the Pacificus/Helvidius exchange. Hamilton's and Madison's analyses are then critiqued with particular ...

This article begins with an examination of the problem of inadequate insurance coverage for mental health care, with a particular focus on serious mental illness, and includes a consideration of some of the reasons for ...